D.C. Mun. Regs. tit. 17, r. 17-10305

Current through Register 71, No. 45, November 7, 2024

Rule 17-10305 - CRITERIA FOR GRANTING WAIVERS OF THE REPORTING REQUIREMENTS

10305.1

The Program may grant a temporary waiver of all or some of the reporting requirements to a dispenser who files a request in writing or electronically on a form provided by the Program and who meets the criteria for waiver set forth in § 10305.2.

10305.2

The criteria for a waiver of the reporting requirements shall include a history of compliance with laws and regulations by the dispensers regularly practicing at that location and may include, but is not limited to:

(a) Substantial hardship created by a natural disaster or other emergency beyond the control of the dispenser; or

(b) Dispensing in a controlled research project approved by a regionally accredited institution of higher education or under the supervision of a governmental agency.

10305.3

The Program may grant waivers on a case-by-case basis, which shall be subject to the terms and conditions stated in the waiver, limited to a specified time period, and subject to being vacated.

10305.4

Denial by the Program of a request for a waiver shall be deemed a final Department action.

10305.5

A dispenser whose request for a waiver is denied may seek review of the final Department action in the Superior Court of the District of Columbia within twenty (20) days after receipt of the notice. The review shall be an on the record review of the decision, and not a de novo review.

D.C. Mun. Regs. tit. 17, r. 17-10305

Final Rulemaking published at 62 DCR 15828 (12/11/2015)